WALLACE BERRIE & CO. v. STATE BD. OF EQUALIZATION

Docket No. L.A. 31967.

40 Cal.3d 60 (1985)

707 P.2d 204

219 Cal. Rptr. 142

WALLACE BERRIE & COMPANY, INC., Plaintiff and Appellant, v. STATE BOARD OF EQUALIZATION, Defendant and Respondent.

Supreme Court of California.

October 21, 1985.


Attorney(s) appearing for the Case

COUNSEL

Fierstein & Sturman, B.J. Adelson and Mark J. Linder for Plaintiff and Appellant.

John K. Van de Kamp, Attorney General, Edmond B. Mamer and Richard E. Nielsen for Defendant and Respondent.


OPINION

REYNOSO, J.

Plaintiff Wallace Berrie & Company, Inc. (Berrie) appeals from a judgment denying recovery of certain taxes paid under protest.

(1a) The issue is whether a wholesaler must pay a use tax on product-oriented display racks it provides retailers "free" with a minimum purchase of the merchandise to be displayed. We conclude that the regulation imposing a use tax under these circumstances is...

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